Consent not required for pelvic exams on unconscious patients in Maryland

Consent not required for pelvic exams on unconscious patients in Maryland

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Updated: 10:05 AM EDT Mar 15, 2019

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BUT AS 11 NEWS REPORTER MEGAN PRINGLE REPORTS THERE IS A BILL TO CHANGE THAT MEGAN: IT’S A TROUBLING THOUGHT. >> WHEN YOU ASK WOMEN, THEY FEEL DISTURBED BY THE PRACTICE. MEGAN: A FEMALE PATIENT IN SURGERY, UNDER ANESTHESIA OR UNCONSCIOUS AND A MEDICAL STUDENT CONDUCTS A PELVIC EXAM FOR TRAINING PURPOSES WITHOUT HER CONSENT OR KNOWLEDGE >> IT’S PURELY EDUCATIONAL, IT’S NOT FOR HER BENEFIT AT ALL. MEGAN: PHOEBE FRIESEN, A POSTDOCTORAL FELLOW AT OXFORD TALKED TO US VIA SKYPE. SHE LEARNED ABOUT THE PRACTICE WHILE WORKING WITH MEDICAL STUDENTS WHO FREQUENTLY TOLD HER THEY WERE IN THIS DILEMMA. >> A LOT OF STUDENTS FELT, UNDERSTANDABLY VERY STRANGE ABOUT IT BECAUSE THEY WERE BEING ASKED TO PUT THEIR HAND INSIDE A WOMAN’S BODY THAT THEY KNE HADN’T CONSENTED. MEGAN: SHE PUBLISHED AN ARTICLE IN THE JOURNAL OF BIOETHICS. THE PRACTICE IS SURPRISING, AND IT IS LEGAL. ONLY 5 STATES HAVE A L REQUIRING CONSENT, CALIFORNIA, HAWAII, ILLINOIS, OREGON, AND VIRGINIA. MARYLAND IS ABOUT TO JOIN THEM. >> A LOT OF MARYLAND’ERS, PARTICULARLY WOMEN REALIZED THAT THIS WASN’T THE LAW AND BECA QUITE CONCERNED. MEGAN: MARYLAND DELEGATE HEATHER BAGNALL INTRODUCED THE LEGISLATION. >> IT’S VERY SCARY THE IDEA THAT YOU COULD BE VULNERABLE AND NOT BE PROTECTED UNDER THE LAW. MEGAN: THE HOU BUILT PROHIBI EXAMS O UNCONSCIOUS PATIENTS WITHOUT MEDICAL CONSENT. WHEN IT COMES TO EXAMS ON UNCONSCIOUS PATIENTS MOST HOSPITALS HAVE A CONSENT FORM FOR A PATIENT TO SIGN BUT IT’S NOT A LAW THAT’S WHY THE BILL WAS INTRODUCED >> ALL WE ARE SAYING IS THAT YOU HAVE TO GET CONSENT. IT’S NOT THAT YOU CAN’T DO THESE EXAMS. IT’S NOT THAT WE WANT TO STIFLE TRAINING OR EDUCATION. IT’S THAT WE WANT TO SAY, YOU JUST HAVE TO NOTIFY THE PATIENT. YOU HAVE TO GET THEIR CONSENT. MEGAN: PHOEBE FRIESEN SAYS STUDIES INDICATE MORE THAN HALF OF WOMEN WOULD CONSENT TO AN EXAM WHILE ANESTHETIZED. >> IT’S NOT GOING TO PREVENT STUDENTS FROM LEARNING IN THE WAY THAT I THINK A LOT OF PHYSICIANS FEAR IT WILL. MEGAN: IT PASSED THE HOUSE AND DELEGATE BAGNALL EXPECTS IT WILL PASS IN THE SENATE TOO. IN ANNAPOLIS, MEGAN PRINGLE WBAL TV 11 NEWS ASHLEY: THE BILL PASSE

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Consent not required for pelvic exams on unconscious patients in Maryland

A state delegate is fighting to stop the practice of performing a pelvic exam while a patient is under anesthesia without the patient's consent in hospitals in Maryland. In Maryland, there's no law against it."When you ask women, they feel disturbed by the practice," said Phoebe Friesen, a postdoctoral fellow at Oxford.A medical student conducts a pelvic exam for training purposes on a female patient in surgery under anesthesia or unconscious without her consent or knowledge."It's purely educational. It's not in (the patient's) benefit at all," Friesen said.Friesen learned about the practice while working with medical students who frequently told her they were in this dilemma. "A lot of students felt, understandably, very strange about it because they were being asked to put their hand inside a woman's body that they knew hadn't consented," Friesen said.She published an article in the Journal of Bioethics. Only five states have a law requiring consent: California, Hawaii, Illinois, Oregon and Virginia. Maryland is about to join them."A lot of Marylanders, particularly women, realized that this wasn't the law and became quite concerned," said Maryland Delegate Heather Bagnall.Bagnall introduced the legislation."It's a very scary idea that you could be vulnerable and not protected under the law," Bagnall said.House Bill 364 forbids health care practitioners, students and trainees from performing pelvic, rectal or prostate exams on unconscious or anesthetized patients without written consent or unless medically necessary."All we're saying is that you have to get consent. It's not that you can't do these exams. It's not that we want to stifle training or education. It's that we want to say you just have to notify the patient. You have to get their consent," Bagnall said.Friesen said studies indicate more than half of women would consent to an exam while anesthetized."It's not going to prevent students from learning, like some physicians fear it will," Friesen said.The bill passed unanimously in the House and Bagnall expects it will pass in the Senate, too.​

ANNAPOLIS, Md. —

A state delegate is fighting to stop the practice of performing a pelvic exam while a patient is under anesthesia without the patient's consent in hospitals in Maryland. In Maryland, there's no law against it.

"When you ask women, they feel disturbed by the practice," said Phoebe Friesen, a postdoctoral fellow at Oxford.

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A medical student conducts a pelvic exam for training purposes on a female patient in surgery under anesthesia or unconscious without her consent or knowledge.

"It's purely educational. It's not in (the patient's) benefit at all," Friesen said.

Friesen learned about the practice while working with medical students who frequently told her they were in this dilemma.

"A lot of students felt, understandably, very strange about it because they were being asked to put their hand inside a woman's body that they knew hadn't consented," Friesen said.

She published an article in the Journal of Bioethics. Only five states have a law requiring consent: California, Hawaii, Illinois, Oregon and Virginia. Maryland is about to join them.

"A lot of Marylanders, particularly women, realized that this wasn't the law and became quite concerned," said Maryland Delegate Heather Bagnall.

Bagnall introduced the legislation.

"It's a very scary idea that you could be vulnerable and not protected under the law," Bagnall said.

House Bill 364 forbids health care practitioners, students and trainees from performing pelvic, rectal or prostate exams on unconscious or anesthetized patients without written consent or unless medically necessary.

"All we're saying is that you have to get consent. It's not that you can't do these exams. It's not that we want to stifle training or education. It's that we want to say you just have to notify the patient. You have to get their consent," Bagnall said.

Friesen said studies indicate more than half of women would consent to an exam while anesthetized.

"It's not going to prevent students from learning, like some physicians fear it will," Friesen said.

The bill passed unanimously in the House and Bagnall expects it will pass in the Senate, too.